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22:56 Aug 12, 2004
English to German translations [PRO] Law/Patents - Law (general) / Familienrecht
English term or phrase:Maintenance (in this context)
XXX has petitioned the Court for (a) Separation of Property; (b) Sole Custody and Maintenance of the child; and (c) Divorce.
What is the legal German term for "Sole Custody and Maintenance"? Alleiniges Sorgerecht und ??
Explanation: Alleiniges Sorgerecht und Verpflichtung zu Unterhaltszahlungen (hier: für das Kind)
maintenance payments (GB)
Money paid by a divorced person to his/her partner to assist with living expenses. From the taxation point of view, maintenance may be enforceable following a court order, or voluntary. Where maintenance is enforceable the recipient will, under certain circumstances, be liable for tax, depending on when the order was made and the amount paid.
Explanation: Not to confuse you, but if a German parent receive "sole custody and maintenance" of the child after seperation/divorce, this person has the socalled "alleiniges Sorgerecht". The child lives with this parent, who is responsible for the child's well-being, nurishment, clothing, etc. (maintenance).
The other parent is (usually) granted the right to have the child come to visit, i.e. visitation rights = Umgangsrecht (sometimes called "Besuchsrecht"). This parent is usually required to pay child support (Kindesunterhalt) to the parent with the "Sorgerecht", because both parent have to share of the costs of the child's "maintenance".
The term "sole" = "alleinig" denotes the fact that the "Sorgerecht" is exercised by one parent only - it is also possible to imagine a situation in which both parents have the "Sorgerecht" (like when they were married...); this would be called "joint custody and maintenance.